According to statistics, every fourth citizen of the Russian Federation has his own car. Every year, drivers are forced to get acquainted with new bills introduced by the government. It is believed that every second motorist neglects the rules of the road, and some do not even know them. Is it possible to deprive a driver’s license for non-payment of alimony? Is there such a bill?
To lose a driver’s license for non-payment of alimony and fines: myth or reality?
In January of this year, Federal Law N340 began to operate in Russia. Depriving a driver of a debtor is now a reality. Motorists who have arrears of alimony, traffic and administrative violations are now at risk of being left without a certificate. The government did not take such drastic measures. It is believed that among drivers there are more than 30% of debtors. This is approximately 400 thousand citizens.
According to the State Duma, the law on the deprivation of a driver’s license will increase the percentage of enforcement of judicial decisions, as well as help to return a huge amount of forgotten debts.
Who exactly can be deprived of rights?
Absolutely every motorist is concerned about the question of who exactly can lose their license. This is no coincidence, because any driver definitely does not want to become a passenger and lose the ability to drive a vehicle. The main criterion for applying Bill N340 is child support.
Deprivation of a driver’s license is possible if the debt on them is 10 thousand rubles or more. It is worth emphasizing that the executive bodies can pick up a license from a motorist only after an official court decision. Another important point that you need to pay attention to is the accumulation system. If you are sued for non-payment of alimony, the amount of which does not exceed the permitted level, then the bailiff will surely check you for other debts and its total number will affect its decision.
For what category of citizens are there exceptions in the bill?
As in other bills, Decree N340 provides for exceptions and exemptions. Deprivation of a driver’s license for non-payment of alimony cannot be made if the driver uses the certificate to provide for his family and himself. For example, if a motorist works as a taxi driver, then this decree does not apply to him. It is worth emphasizing that in this case, the driver will need to provide a supporting document on his occupation. Another reason why bailiffs do not have the right to deprive a driver of a license is a place of residence remote from a traffic intersection. If a car is the only possible means of transportation for the driver and his family, then the bill does not apply to him. The same situation is with disabled drivers.
How is the suspension of a driver’s license?
Many are interested in how exactly the deprivation of a driver’s license occurs. The new law implies that the first application for debt will be sent to the court. This is reported to the driver in any way possible. It can be a letter, a call to a mobile phone, or even an e-mail message. The document also indicates the period by which the debtor needs to pay off the debt. Usually it is about five days. If the driver did not do this, then the bailiffs will order the deprivation of the driver’s license. The next day, the executive authorities present a conclusion to the motorist, which he needs to sign. As soon as he does this, the document takes effect and his rights become temporarily invalid. In case of failure to comply with a court order, a penalty of 50 hours of community service is provided.
Driver License Recovery Procedure
A driver’s license is restored only after all fines are paid off. To activate a car license, the debtor must provide a check on the payment of all penalties and a receipt from the recipient about the receipt of funds. After checking the received documents, the bailiff removes the restriction. This information is instantly transmitted to the State Road Safety Inspectorate. The debtor also receives a copy of the decision to lift the ban on driving. It is worth noting that at first the former debtor will often be inspected by traffic inspectors. For this reason, the decree must always be with you.
Algorithm of actions of the debtor, which falls under the exception in the bill
As we said earlier, the bill has an exception for a certain category of citizens. For them, the deprivation of a driver’s license for non-payment of alimony cannot be committed due to certain circumstances. If you enter one of the categories, then the following information is for you.
First of all, you must provide the bailiffs with a document that confirms that you are subject to an exception in the bill. It is also necessary to write a statement in which it is required to indicate which documents are presented for confirmation. It is worth emphasizing that all the necessary papers are required to be made in duplicate. One notarized copy must be submitted to the court, and the second should be kept. It will be needed in case the first package of documents is lost.
Punishment for the offender
The worst punishment for a driver is the deprivation of a driver’s license. The court, as we said earlier, issues a decision, and from this moment the debtor does not have the right to drive a vehicle. Perhaps every motorist is interested in what punishment is provided for in the bill for the offender.
Deprivation of a driver’s license for debts is an extreme measure for those who do not pay the penalty. It applies only if the motorist has accumulated debts totaling more than 10 thousand rubles. If, after an official court order, the driver, despite the ban, gets behind the wheel, he will be punished. For such debtors, the bill provides a number of measures. At the discretion of the executive bodies, an unscrupulous driver can be arrested for 15 days or fined 30 thousand rubles, punishment in the form of correctional labor is also possible. Their term ranges from 50 to 200 hours.
Is it possible to return the rights ahead of schedule?
Early deprivation of a driver’s license is a reality. But is it possible to return a driver’s license ahead of time? Let's look at this issue in more detail.
Absolutely every driver who has been deprived of their rights wants to get them back as soon as possible. In order to return the certificate, it is necessary first of all to submit a written application to the court with a request to renew the possibility of driving the vehicle. However, it is worth emphasizing that this can only be done after half the sentence. If it is not your first time taking a driver’s license , your application will not be considered. The court will return the certificate ahead of time only if the debtor has paid all the debts and has not committed offenses for the current sentence.
Is it possible to return the rights after the end of the sentence?
Many are interested in whether it is possible to return a license if the term of the driver’s license has expired. With this question, motorists quite often turn to a lawyer. The expired term can be associated not only with the driver’s irresponsibility, but also with certain circumstances that he did not meet on time in his life. If the license has expired and you wish to return them, the following information is for you.
First of all, you need to contact the State Road Safety Inspectorate, in which the certificate is located. There it will be necessary to present a passport, a medical certificate, a check for the payment of alimony and a decision. The rights will be returned to the driver within one month.
Can a debtor be prohibited from leaving the state?
Deprivation of a driver’s license for non-payment of alimony is a rather serious and time-consuming process. Such a bill entails a huge number of the most diverse nuances. If the debtor, after the court ruling, still evades payment and liability, then the bailiffs have all the authority to prohibit him from leaving the territory of the state. It is for this reason, if you do not have a debt for child support, we recommend that you regularly check yourself for fines and violations. As we said earlier, all penalties are summarized.
Is it possible to challenge a court decision?
Not every driver believes that he lost his rights deservedly. Almost everyone is concerned about the question of whether it is possible to prove their case and not be left without a certificate. In order to challenge the court decision and not lose your driver’s license, you must write a statement within 10 days after the decision. A written request to review the case will need to be transferred to the executive service. They will consider it and, if the driver is right, annul the decision. However, it is worth emphasizing that there must be significant reasons and evidence for this. Few people know, but if the debtor does not pay alimony due to the difficult financial situation, the bailiffs will provide him with the opportunity to pay off installments. To receive it, the driver will need to provide evidence that confirms the low level of income.
How easy is the return of rights?
Each debtor driver wishes to regain his rights as soon as possible. It is for this reason that motorists are looking for the easiest ways to solve the problem. The fastest way to regain your rights is to give a bribe to an official. We strongly recommend that you do not resort to this method. The fact is that the implementation of the bill, which involves the deprivation of a driver's license for debts, is carefully monitored. Using the illegal method of returning the certificate, you risk not only not returning it, but also getting a very real term of imprisonment. It is also worth noting that recently in the network quite often they offer to solve the problem quickly for a certain amount. In no case do not use this type of service. Most often, such ads are placed by scammers who want to cheat you and earn illegally as much money as possible. The only way to get a driver’s license ahead of time is to pay off all debts as soon as possible.
To summarize
You can lose your rights for non-payment of alimony due to your own irresponsibility or due to certain life circumstances. If you have been sued and temporarily suspended your ID, do not despair. Try to pay off your debt as soon as possible. Thanks to this, you can again drive the vehicle until the end of the sentence. We strongly recommend that you always solve problems only by the legal method.